Excess_Liability_Insurance_(Addendum_#10_Revision).pdf

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Collin County, TX

REQUEST FOR PROPOSAL

2024-316

EXCESS LIABILITY INSURANCE

RELEASE DATE: July 25, 2024

RESPONSE DEADLINE: February 20, 2025, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

Request For Proposal #2024-316 Title: Excess Liability Insurance

Table Of Contents

1. PURPOSE/SCOPE OF WORK

2. INTRODUCTION

3. SPECIAL CONDITIONS

4. INSURANCE REQUIREMENTS

5. EVALUATION

6. GENERAL INSTRUCTIONS

7. TERMS OF CONTRACT

8. PROPOSAL FORMAT

9. VENDOR RESPONSE

10. ATTACHMENTS

Attachments:

A - Attachment_A_Excess_Liability_Questionnaire

B - Attachment_B-Excess_Liability_Pricing 7.10

C - Attachment_C__Excess_Liability_Questionnaire_and_Market_Survey

D - Attachment D-Crime Policy

E - Exhibit_A_-_Over_the_Road_Fleet_Schedule

F - Exhibit_B_-_2024_Bond_Schedule

G - Exhibit_C_-_Collin_County_Employee_Handbook

H - Exhibit_D_-_Jail_Inspection_Report

I - Exhibit_E-_Armored_Car_Bank_Deposits

J - Exhibit_F_-_Court_Order_for_Outsourced_Inmate_Medical

K - Exhibit_G_-_Claims_Summary_(Tristar)

L - Exhibit_H_-_Claims_Summary_(Intact) (1)

M - Exhibit_I_-_Claims_Summary_$100,000_and_Greater (1)

N - Exhibit J-1. Law Enforcement Liability Application

O - Exhibit K- 1. Law Enforcement Liability Application_Juvenile Detention (002)

P - Ehibit L-Tank Schedule - for updates (006)

Q - Ehibit M-Tank Schedule

R - EXHIBIT N-Collin TX 2024 2-28_Redacted

S - Exhibit O-Annual Jail Report 2024

T - Exhibit P- COM Food Inspection Report (Mon Jul 1, 2024 at 220 PM) - MJ

U - EXHIBIT Q-COM Food Inspection Report (Mon Jul 1, 2024 at 221 PM) - MS

V - Exhibit R-COM Food Inspection Report (Mon Jul 1, 2024 at 223 PM) - MM

W - Exhibit S-COM Food Inspection Report (Mon Mar 11, 2024 at 1014 AM) - Staff Dinning

X - Exhibit T-Comprehensive Inspection Report 2024

Y - EXHIBIT U-Inspection MFD-2023-0000511-1

Z - Exhibit V-Wellpath Revised Staffing Plan - FINAL

AA - Exhibit W-Ambridge Partners LLC - SIR Package Application-Coverage Summary

BB - Exhibit X-Ambridge Partners LLC - SIR Package Application-Risk Management

CC - Exhbit Y-Ambridge Partners LLC-SIR Package Application-Exposure Summary

DD - Exhibit Z-Ambridge Partners LLC - SIR Package Application-Exposure Detail

EE - Exhibit AA-Ambridge Partners LLC - SIR Package Application-Employment Practices

FF - Exhibit AB-Ambridge Partners LLC - SIR Package Application-TIV-NOE-WC

GG - Exhibit AC-Ambridge Partners LLC - SIR Package Application-Outsourcing

HH - [M] LEGAL_NOTICE_TEMPLATE-RFP

II - Exceptions

JJ - CIQ_-3-22-24

KK - W9

1. PURPOSE/SCOPE OF WORK

1.1. Pupose

Provide excess general liability insurance coverage for Collin County in these areas:

A. Commercial Crime

B. Professional Liability to include Public Officials Errors & Omissions, Public Officials Employment

Practices, and Public Officials Employee Benefits Administration

C. Law Enforcement Liability including Armored Car Operations

D. Pollution

1.2. Background

Collin County is a political subdivision of the State of Texas, with the County seat in McKinney, Texas. The

County is home to over 1,000,000 residents, and occupies over 841 square miles. The County currently has approximately 1,880 full-time employees and 22 part-time employees. The County operates from multiple locations in areas such as Public Works, Facilities, Administration including Finance, Courthouse Operations, Sheriff’s Office, Detention, Juvenile Detention and Probation, and operates its own low-risk Medical Clinic from which the County’s Public Health Official is based. The County does not operate a fire department;

instead, the County utilizes the fire departments of the various cities and towns in its area.

The County does not own, or operate a golf course, an airport, or a landfill. We do have a small water treatment facility at the Collin County Adventure Camp that is utilized solely for that facility. The County does own, and operate, the Collin County Sheriff’s Office and the area’s primary detention center. The Sheriff’s office has approximately 122 full-time officers armed with full arrest authority, 281 full-time jailers, 40 reserve deputies, 0 unarmed officers with limited arrest authority, and 3 law enforcement dogs. The facility houses an average daily population of 1,298 low and moderate-risk detainees. Capital offense detainees are housed there during trial but are transferred to state facilities upon sentencing. Collin County outsources our jail medical to a third party.

1.3. Specification

This RFP will be conducted in two parts. Part I is the Response to Market Request Information and

Questionnaire and Part II is the Proposal Response after markets are assigned.

A. Part I - Response to Market Request and Assignment of Markets

1. In order to be considered, Proposers must return Attachment C: Collin County Excess Liability

Questionnaire and Market Survey Form

2. Due by 8/13/2024 at 5:00 PM CST

a. send via email to purchasing@co.collin.tx.us with the following information in the subject line mailto:curogers@co.collin.tx.us

i. RFP Number

ii. RFP Name

iii. Buyer Name (Cory Rogers)

iv. Company Name

3. After receipt of these forms, Collin County will assign markets. No markets may be reserved without the express written permission of Collin County.

B. Part II - Proposal Response

1. Once markets have been assigned, vendors will be notified of their market assignments and then must submit their proposal response by the RFP due date as outlined in the timeline.

2. Proposals are evaluated as outlined in Section 5 Evaluation.

2. INTRODUCTION

2.1. SUMMARY

The County is seeking for a Proposer to provide for a three (3) year term contract commencing upon award and final execution of any documents, with the option to extend for two (2) additional one (1) year periods.

Collin County is conducting a vendor search to provide excess general liability insurance coverage for Collin

County. As of October 1, 2022, Collin County is self-insured for general liability insurance coverage and is interested in receiving proposals for excess liability coverage in these areas:

• Commercial Crime

• Professional Lability to include Public Officials Errors & Omissions, Public Officials Employment

Practices, and Public Officials Employee Benefits Administration

• Law Enforcement Liability including Armored Car Operations

• Pollution

Collin County is interested in receiving proposals for the following in excess liability coverage that will take effect after we have reached the following self-inured retention (SIR):

• $3,000,000 coverage with an SIR of $1,000,000

• $3,000,000 coverage with an SIR of $2,000,000

• $5,000,000 coverage with an SIR of $1,000,000

• $5,000,000 coverage with an SIR of $2,000,000

2.2. TIMELINE

RFP Released: July 25, 2024

Response to Market Request Information and Questionnaire:

August 13, 2024, 5:00pm

Deadline for Submission of Questions: August 16, 2024, 12:00pm

Response Submission Deadline: February 20, 2025, 2:00pm

Award of RFP: April 17, 2025

3. SPECIAL CONDITIONS

3.1. AUTHORIZATION

By order of the Commissioners Court of Collin County, Texas sealed proposals will be received for 2024-316

Excess Liability Insurance.

3.2. INTENT OF REQUEST FOR PROPOSAL

Collin County’s intent of this Request for Proposal (RFP) and resulting contract is to provide contractors with sufficient information to prepare a proposal for Excess Liability Insurance.

3.3. TERM

Provide for a three (3) year term contract commencing on upon award and final execution of any documents, with the option to extend for two (2) additional one (1) year periods.

3.4. TRANSITIONAL PERIOD

Upon normal completion of this contract, not to include termination for default, and in the event that no new contract has been awarded by the original expiration date of the existing contract including any extension thereof, it shall be incumbent upon the Contractor to continue the contract under the same terms and conditions until a new contract can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the original expiration date of the existing contract and any extension thereof.

3.5. POINT OF CONTACT

Information regarding the purchasing process and the contents of this RFP may be obtained from the Collin

County Department or email Cory Rogers, Senior Buyer at curogers@co.collin.tx.us.

3.6. FUNDING

Funds for payment have been provided through the Collin County budget approved by the Commissioners

Court for this fiscal year only. State of Texas statutes prohibit the County from any obligation of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that arise past the end of the current Collin County fiscal year shall be subject to budget approval.

3.7. PRICE REDUCTION

If during the life of the contract, the offeror's net prices to its customers for the same product(s) and/or services shall be reduced below the contracted price, it is understood and agreed that the County shall receive such price reduction.

3.8. PRICE REDETERMINATION

Changes in the annual fee can only be instituted on a policy anniversary date, and it is requested that the selected Proposer provide notice of changes in the annual fee at least thirty (30) days before renewal.

3.9. COMPLETION/RESPONSE TIME

Contractor shall place product(s) and/or complete services at the County’s designated location within the number of calendar days according to the schedule proposed by contractor.

3.10. TESTING

Testing may be performed at the request of Collin County, by an agent so designated, without expense to

Collin County.

3.11. SAMPLES/DEMOS

When requested, samples/demos shall be furnished free of expense to Collin County.

3.12. APPROXIMATE VALUE/USAGE

Approximate usage does not constitute an order, but only implies the probable quantity the County will use.

Estimated expenditure is three hundred thousand dollars ($300,000.00) annually.

3.13. BACKGROUND CHECK

All Contractor employees that will be working on site or by Remote Access shall pass a background check performed by Collin County before any work may be performed. The selected contractor shall be provided the required information for background checks.

3.14. SUBCONTRACTORS

Contractor shall state names of all subcontractors and the type of work they will be performing. If a contractor fails to specify a subcontractor, then he shall be deemed to have agreed that he is fully qualified to perform the contract himself, and that he will fully perform the contract himself.

No proposer whose proposal is accepted shall (a) substitute any subcontractor, or (b) permit a subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original proposal without approval in writing from the Collin County

Purchasing Department.

The successful proposer further agrees that Collin County and its agents, servants and employees shall not be liable for any loss or damage resulting from personal injury, physical loss, harassment of or discrimination against employee or other violations of the provisions of this contract occasioned by the acts or omissions of the successful proposer’s sub-contractors, their agents or employees. The indemnification provisions of this contract shall apply to all sub-contractors.

3.15. CONFIDENTIAL OR PROPRIETARY INFORMATION

Collin County is subject to the Texas “Public Information Act”, Texas Government Code Chapter

552. Contractors shall identify those portions of their proposals that they deem to be confidential, proprietary information or trade secrets. Contractors shall clearly indicate each and every section to which this applies. It is not sufficient to preface the entire proposal with a proprietary statement. State of Texas Attorney General retains the final authority as to the extent of material that is considered proprietary or confidential.

3.16. PROPOSAL SCHEDULE

Collin County reserves the right to change the schedule of events as it deems necessary.

RFP Released: July 25, 2024

Response to Market Request Information and Questionnaire:

August 13, 2024, 5:00pm

Deadline for Submission of Questions: August 16, 2024, 12:00pm

Response Submission Deadline: February 20, 2025, 2:00pm

Award of RFP: April 17, 2025

4. INSURANCE REQUIREMENTS

A. Before commencing work, the vendor shall be required, at its own expense, to furnish the Collin County

Purchasing Agent with certified copies of all insurance certificate(s) indicating the coverage to remain in force throughout the term of this contract.

A. Commercial General Liability insurance including but not limited to the coverage indicated below. Coverage shall not exclude or limit Products/Completed Operations, Contractual Liability, or

Cross Liability. Coverage must be written on occurrence form.

Each Occurrence $5,000,000

Personal Injury &Adv Injury $5,000,000

Products/Completed Operation Aggregate $5,000,000

General Aggregate $5,000,000

B. Workers Compensation insurance as required by the laws of Texas, and Employers’ Liability.

Employers Liability

Liability, Each Accident $500,000

Disease - Each Employee $500,000

Disease - Policy Limit $500,000

iii. Commercial Automobile Liability insurance which includes any automobile (owned, non-owned, and hired vehicles) used in connection with the contract.

Combined Single Limit - Each Accident $1,000,000

iv. Professional/Errors & Omissions Liability insurance with a two (2) year extended reporting period. If you choose to have project coverage endorsed onto your base policy, this would be acceptable.

Each Occurrence/Aggregate $1,000,000

v. Umbrella/Excess Liability insurance

Each Occurrence/Aggregate $10,000,000

B. With reference to the foregoing insurance requirement, the vendor shall endorse applicable insurance policies as follows:

1. A waiver of subrogation in favor of Collin County, its officials, employees, volunteers and officers shall be provided for General Liability, Commercial Automobile Liability, and Workers’ Compensation.

2. The vendor's insurance coverage shall name Collin County as additional insured under the General Liability policy.

3. All insurance policies shall be endorsed to require the insurer to immediately notify Collin County of any decrease in the insurance coverage limits.

4. All insurance policies shall be endorsed to the effect that Collin County will receive at least thirty (30) days' notice prior to cancellation, non-renewal or termination of the policy.

5. All copies of Certificates of Insurance shall reference the project/contract number.

C. All insurance shall be purchased from an insurance company that meets the following requirements:

1. A financial rating of A-VII or higher as assigned by the BEST Rating Company or equivalent.

D. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following:

1. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein.

2. Sets forth the notice of cancellation or termination to Collin County.

5. EVALUATION

The award of the contract shall be made to the responsible Proposer whose proposal is determined to be the lowest and best evaluated offer resulting from negotiation, taking into consideration the relative importance of price and other factors set forth in the RFP in accordance with Local Government Code 262.030. The County reserves the right to determine the suitability of proposals based on all of these criteria.

The evaluation committee will review all proposals received by the proposal due date as part of a documented evaluation process. For each decision point in the process, the County will evaluate Proposers according to specific criteria and will elevate a certain number of Proposers to compete against each other.

The County will use a competitive process based upon “selection levels”. The County recognizes that if a

Proposer fails to meet expectations during any part of the process, it reserves the right to proceed with the remaining Proposers or to elevate another Proposer that was not elevated before. The following describes the selection levels.

The first part of the elevation process is to validate the completeness of the proposal and ensure that all the

RFP guidelines and submittal requirements are met. Those Proposers who do not meet all the requirements for the RFP may, at the discretion of the County, be contacted to submit the missing information. Proposers must submit information within two business days. Proposers may be disqualified if RFPs are incomplete or noncompliant. Proposers should carefully read the information contained herein and submit a complete response to all requirements and questions as directed. Completed proposals will be elevated to Level 2.

The evaluation committee will conduct a detailed assessment of all completed proposals. Criteria evaluated in

Level 2 is outlined in the table below. Proposers elevated to Level 2 may be asked to respond in writing to issues and questions raised by the County, as well as any other cost and implementation planning considerations in the proposal.

Selection Level 3 is optional by the County's choice and worth 10 points if the County elects to hear oral presentations. The evaluation committee may hear oral presentations (if desired). Proposers are cautioned, however, that oral presentations are at the sole discretion of the committee and the committee is not obligated to request a demonstration or interview. The oral presentation is an opportunity for the evaluation committee to ask questions and seek clarification of the proposal submitted. The presentation is not meant as an opportunity for the Proposer simply to provide generic background information about the corporation or its experience. Thus, the time will be structured with a minimum time for the Proposer to present and the majority of time dedicated to addressing questions from the evaluation committee. The oral presentations, if held, will be scheduled accordingly and all presenting Proposers will be notified of time and date. Oral presentations may be given to Commissioners Court should Commissioners Court so desire. Proposers are cautioned, however, that oral presentations are at the sole discretion of Commissioners Court, and

Commissioners Court is not obligated to request a presentation. The County reserves the right to bypass any oral presentations. Proposals may be re-evaluated on criteria in previous levels.

Proposers who are susceptible of receiving the award will be elevated to Level 4 for Best and Final Offer.

Proposals may be re-evaluated on criteria in previous levels. Based on the information collected in this phase, a single Proposer will be identified as the finalist for contract negotiations. If a contract cannot be reached after a period deemed reasonable by the County, it reserves the right to contact any of the other Proposers that have submitted proposals and enter into negotiations with them.

LEVEL 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. DETAILED PROPOSAL ASSESSMENT - PRICING

Please submit Attachment B - Excess Liability

Pricing

• Ensure you list all fees associated with coverage including hourly rates for your services, as well as any proposed fee schedule you would like to have considered.

Points Based 30 (30% of Total)

2. DETAILED PROPOSAL ASSESSMENT - PROFILE

OF LOCAL/NATIONAL AGENCY OPERATIONS TO

INCLUDE FIRMS QUALIFICATIONS, EXPERIENCE,

STABILITY, AND REFERENCES

• Section 8.2 Firm Overview, Experience, and Qualifications

• Section 8.5 References

• Section 8.6 Similar Projects Involved

With

Points Based 20 (20% of Total)

3. DETAILED PROPOSAL ASSESSMENT - AGENCY

RESOURCES AVAILABLE TO INCLUDE SUPPORT

SERVICES, ACCESS OF STAFF, SERVICE PLAN

• Section 8.3 Proposed Project

Team/Staff

Qualifications/Experience/Credentials

• Section 8.4 Proposed Project Plan

Points Based 25 (25% of Total)

4. DETAILED PROPOSAL ASSESSMENT - ABILITY

TO MEET ESTABLISHED CRITERIA

Please submit Attachment A - Excess Liability

Questionnaire

Points Based 25 (25% of Total)

LEVEL 3

No. Evaluation Criteria Scoring Method Weight (Points)

1. ORAL PRESENTATIONS (OPTIONAL BY

COUNTY)

The evaluation committee may hear oral presentations (if desired). Proposers are cautioned, however, that oral presentations are at the sole discretion of the committee and the committee is not obligated to request a demonstration or interview. The oral presentation is an opportunity for the evaluation committee to ask questions and seek clarification of the proposal submitted. The presentation is not meant as an opportunity for the Proposer simply to provide generic background information about the corporation or its experience. Thus, the time will be structured with a minimum time for the Proposer to present and the majority of time dedicated to addressing questions from the evaluation committee. The oral presentations, if held, will be scheduled accordingly and all presenting Proposers will be notified of time and date.

Oral presentations may be given to

Commissioners Court should Commissioners

Court so desire. Offerors are cautioned, however, that oral presentations are at the sole discretion of Commissioners Court, and

Commissioners Court is not obligated to request a presentation. The County reserves the right to bypass any oral presentations.

Points Based 10 (100% of Total)

6. GENERAL INSTRUCTIONS

Definitions

A. Offeror: refers to submitter.

B. Vendor/Contractor/Provider: refers to a Successful Vendor/Contractor/Service Provider.

C. Submittal: refers to those documents required to be submitted to Collin County, by an Offeror.

D. RFP: refers to Request for Proposal.

E. CSP: refers to Competitive Sealed Proposal

A. If Offeror does not wish to submit an offer at this time, please submit a No Bid.

B. Awards shall be made not more than ninety (90) days after the time set for opening of Submittals.

C. Collin County is always conscious and extremely appreciative of your time and effort in preparing your

Submittal.

D. Collin County exclusively uses OpenGov eProcurement Portal for the notification and dissemination of all solicitations. The receipt of solicitations through any other company may result in your receipt of incomplete specifications and/or addenda which could ultimately render your Submittal non-compliant. Collin County accepts no responsibility for the receipt and/or notification of solicitations through any other company.

E. A Submittal may not be withdrawn or canceled by the Offeror prior to the ninety-first (91st) day following public opening of Submittals and only prior to award.

F. It is understood that Collin County, Texas reserves the right to accept or reject any and/or all

Proposals/Submittals for any or all products and/or services covered in a Request For Proposal (RFP) and Competitive Sealed Proposal (CSP), and to waive informalities or defects in Submittals or to accept such Submittals as it shall deem to be in the best interest of Collin County.

G. All RFPs and CSPs submitted in hard copy paper form shall be submitted in a sealed envelope, plainly marked on the outside with the RFP/CSP number and name. A hard copy paper form Submittal shall be manually signed in ink by a person having the authority to bind the firm in a contract. Submittals shall be mailed or hand delivered to the Collin County Purchasing Department.

H. Submittals via email, oral, telegraphic or telephonic will not be accepted. RFPs and CSPs may be submitted in electronic format via Collin County eProcurement Portal.

I. All RFPs and CSPs submitted electronically via Collin County eProcurement Portal. shall remain locked until official date and time of opening as stated in the Special Terms and Conditions of the RFP and/or CSP.

J. Time/date stamp clock in Collin County Purchasing Department shall be the official time of receipt for all RFPs and CSPs submitted in hard copy paper form only, no flash drives, CD-ROMs or any other form of “plug and play” portable storage device will be accepted as a Submittal. RFPs, and CSPs received in the Collin County Purchasing Department after submission deadline shall be considered void and unacceptable. Absolutely no late Submittals will be considered. Collin County accepts no responsibility for technical difficulties related to electronic Submittals.

K. For hard copy paper form Submittals, any alterations made prior to opening date and time must be initialed by the signer of the RFP/CSP, guaranteeing authenticity. Submittals cannot be altered or amended after submission deadline.

L. Collin County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the prices submitted shall not include taxes.

M. Any interpretations, corrections and/or changes to a RFP or CSP and related Specifications or extensions to the opening/receipt date will be made by addenda to the respective document by the

Collin County Purchasing Department. Questions and/or clarification requests must be submitted no later than the date specified in the solicitation. Those received at a later date may not be addressed prior to the public opening. Sole authority to authorize addenda shall be vested in Collin County

Purchasing Agent as entrusted by the Collin County Commissioners Court. Addenda may be transmitted electronically via Collin County eProcurement Portal.

1. Addenda will be transmitted to all that are known to have received a copy of the RFP/CSP and related Specifications. However, it shall be the sole responsibility of the Bidder/Quoter/Offeror to verify issuance/non-issuance of addenda and to check all avenues of document availability (i.e.

https://procurement.opengov.com/portal/collincountytx telephoning Purchasing Department directly, etc.) prior to opening/receipt date and time to insure Offeror’s receipt of any addenda issued. Offeror shall acknowledge receipt of all addenda.

N. All materials and services shall be subject to Collin County approval.

O. Collin County reserves the right to make award in whole or in part as it deems to be in the best interest of the County.

P. Any reference to model/make and/or manufacturer used in specifications is for descriptive purposes only. Products/materials of like quality will be considered.

Q. Offerors taking exception to the specifications shall do so at their own risk. By offering substitutions, Offeror shall state these exceptions in the section provided in the RFP/CSP or by attachment. Exception/substitution, if accepted, must meet or exceed specifications stated therein. Collin County reserves the right to accept or reject any and/or all of the exception(s)/substitution(s) deemed to be in the best interest of the County.

R. Minimum Standards for Responsible Prospective Offerors: A prospective Offeror must meet the following minimum requirements:

1. have adequate financial resources, or the ability to obtain such resources as required;

2. be able to comply with the required or proposed delivery/completion schedule;

3. have a satisfactory record of performance;

4. have a satisfactory record of integrity and ethics;

5. be otherwise qualified and eligible to receive an award.

Collin County may request documentation and other information sufficient to determine Offeror’s ability to meet these minimum standards listed above.

S. Vendor shall bear any/all costs associated with its preparation of a RFP/CSP Submittal.

T. Public Information Act: Collin County is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. All information submitted by prospective Offerors during the solicitation process is subject to release under the Act.

U. The Offeror shall comply with Commissioners Court Order No. 2004-167-03-11, County Logo Policy.

V. Interlocal Agreement: Successful Offeror agrees to extend prices and terms to all entities that has entered into or will enter into joint purchasing interlocal cooperation agreements with Collin

County. Delivery to governmental entities located within Collin County will be at no additional charge or as otherwise provided for in the award document. Delivery charges, if any, for governmental entities located outside of Collin County shall be negotiated between the Vendor and each governmental entity.

W. Bid Openings: All bids submitted will be read at the County’s regularly scheduled bid opening for the designated project. However, the reading of a bid at bid opening should be not construed as a comment on the responsiveness of such bid or as any indication that the County accepts such bid as responsive.

The County will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, Collin County Purchasing Guidelines, and project documents, including but not limited to the project specifications and contract documents. The County will notify the successful Offeror upon award of the contract and, according to state law; all bids received will be available for inspection at that time.

X. Offeror shall comply with all local, state and federal employment and discrimination laws and shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin or any other class protected by law.

7. TERMS OF CONTRACT

A. A proposal, when properly accepted by Collin County, shall constitute a contract equally binding between the Vendor/Contractor/Provider and Collin County. No different or additional terms will become part of this contract with the exception of an Amendment.

B. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All Amendments to the contract will be made in writing by Collin County Purchasing Agent.

C. No public official shall have interest in the contract, in accordance with Local Government Code Title 5, Subtitle C, Chapter 171.

D. The Vendor/Contractor/Provider shall comply with Commissioners’ Court Order No. 96-680-10-28, Establishment of Guidelines & Restrictions Regarding the Acceptance of Gifts by County Officials &

County Employees.

E. Design, strength, quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practice.

F. Proposals must comply with all federal, state, county and local laws concerning the type(s) of product(s)/service(s)/equipment/project(s) contracted for, and the fulfillment of all ADA (Americans with Disabilities Act) requirements.

G. All products must be new and unused, unless otherwise specified, in first-class condition and of current manufacture. Obsolete products, including products or any parts not compatible with existing hardware/software configurations will not be accepted.

H. Vendor/Contractor/Provider shall provide any and all notices as may be required under the Drug-Free

Work Place Act of 1988, 28 CFR Part 67, Subpart F, to its employees and all sub-contractors to insure that Collin County maintains a drug-free work place.

I. Vendor/Contractor/Provider shall defend, indemnify and save harmless Collin County and all its officers, agents and employees and all entities, their officers, agents and employees who are participating in this contract from all suits, claims, actions, damages (including personal injury and or property damages), or demands of any character, name and description, (including attorneys’ fees, expenses and other defense costs of any nature) brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of Vendor/Contractor/Provider’s breach of the contract arising from an award, and/or any negligent act, error, omission or fault of the

Vendor/Contractor/Provider, or of any agent, employee, subcontractor or supplier of

Vendor/Contractor/Provider in the execution of, or performance under, any contract which may result from an award. Vendor/Contractor/Provider shall pay in full any judgment with costs, including attorneys’ fees and expenses which are rendered against Collin County and/or participating entities arising out of such breach, act, error, omission and/or fault.

J. Expenses for Enforcement. In the event either Party hereto is required to employ an attorney to enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other, reasonable attorney's fees and court costs incurred in connection with such enforcement, including collection.

K. If a contract, resulting from a Collin County RFP/CSP is for the execution of a public work, the following shall apply:

1. In accordance with Government Code 2253.021, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Payment Bond if the contract is in excess of $25,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular

Session, 1959 (Article 7.19-1 Vernon’s Texas Insurance Code).

2. In accordance with Government Code 2253.021, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Performance Bond if the contract is in excess of $100,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular

Session, 1959 (Article 7.19-1 Vernon’s Texas Insurance Code).

L. Purchase Order(s) shall be generated by Collin County to the vendor. Collin County will not be responsible for any orders placed/delivered without a valid purchase order number.

M. The contract shall remain in effect until any of the following occurs: delivery of product(s) and/or completion and acceptance by Collin County of product(s) and/or service(s), contract expires or is terminated by either party with thirty (30) days written notice prior to cancellation and notice must state therein the reasons for such cancellation. Collin County reserves the right to terminate the contract immediately in the event the Vendor/Contractor/Provider fails to meet delivery or completion schedules, or otherwise perform in accordance with the specifications. Breach of contract or default authorizes the County to purchase elsewhere and charge the full increase in cost and handling to the defaulting Vendor/Contractor/Provider.

N. Collin County Purchasing Department shall serve as Contract Administrator or shall supervise agents designated by Collin County.

O. All delivery and freight charges (FOB Inside delivery at Collin County designated locations) are to be included as part of the proposal price. All components required to render the item complete, installed and operational shall be included in the total proposal price. Collin County will pay no additional freight/delivery/installation/setup fees.

P. Vendor/Contractor/Provider shall notify the Purchasing Department immediately if delivery/completion schedule cannot be met. If delay is foreseen, the Vendor/Contractor/Provider shall give written notice to the Purchasing Agent. The County has the right to extend delivery/completion time if reason appears valid.

Q. The title and risk of loss of the product(s) shall not pass to Collin County until Collin County actually receives and takes possession of the product(s) at the point or points of delivery. Collin County shall generate a purchase order(s) to the Vendor/Contractor/Provider and the purchase order number must appear on all itemized invoices.

R. Invoices shall be mailed directly to the Collin County Auditor's Office, 2300 Bloomdale Road, Suite

3100, McKinney, Texas 75071. All invoices shall show:

1. Collin County Purchase Order Number;

2. Vendor’s/Contractor’s/Provider’s Name, Address and Tax Identification Number;

3. Detailed breakdown of all charges for the product(s) and/or service(s) including applicable time frames.

S. Payment will be made in accordance with Government Code, Title 10, Subtitle F, Chapter 2251.

T. All warranties shall be stated as required in the Uniform Commercial Code.

U. The Vendor/Contractor/Provider and Collin County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

V. The Vendor/Contractor/Provider agree to protect Collin County from any claims involving infringements of patents and/or copyrights.

W. The contract will be governed by the laws of the State of Texas. Should any portion of the contract be in conflict with the laws of the State of Texas, the State laws shall invalidate only that portion. The remaining portion of the contract shall remain in effect. The contract is performable in Collin County, Texas.

X. The Vendor/Contractor/Provider shall not sell, assign, transfer or convey the contract, in whole or in part, without the prior written approval from Collin County.

Y. The apparent silence of any part of the specification as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the specification shall be made on the basis of this statement.

Z. Vendor/Contractor/Provider shall not fraudulently advertise, publish or otherwise make reference to the existence of a contract between Collin County and Vendor/Contractor/Provider for purposes of solicitation. As exception, Vendor/Contractor/Provider may refer to Collin County as an evaluating reference for purposes of establishing a contract with other entities.

AA. The Vendor/Contractor/Provider understands, acknowledges and agrees that if the

Vendor/Contractor/Provider subcontracts with a third party for services and/or material, the primary

Vendor/Contractor/Provider (awardee) accepts responsibility for full and prompt payment to the third party. Any dispute between the primary Vendor/Contractor/Provider and the third party, including any payment dispute, will be promptly remedied by the primary vendor. Failure to promptly render a remedy or to make prompt payment to the third party (subcontractor) may result in the withholding of funds from the primary Vendor/Contractor/Provider by Collin County for any payments owed to the third party.

BB. Vendor/Contractor/Provider shall provide Collin County with diagnostic access tools at no additional cost to Collin County, for all Electrical and Mechanical systems, components, etc., procured through this contract.

CC. Criminal History Background Check: If required, ALL individuals may be subject to a criminal history background check performed by Collin County prior to access being granted to Collin County facilities.

Upon request, Vendor/Contractor/Provider shall provide list of individuals to the Collin County

Purchasing Department within five (5) working days.

DD. Non-Disclosure Agreement: Where applicable, vendor shall be required to sign a non-disclosure agreement acknowledging that all information to be furnished is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by vendor, except as provided in the contract/agreement, may cause serious harm or damage to Collin County. Therefore, Vendor agrees that Vendor will not use the information furnished for any purpose other than that stated in contract/agreement, and agrees that Vendor will not either directly or indirectly by agent, employee, or representative disclose this information, either in whole or in part, to any third party, except on a need to know basis for the purpose of evaluating any possible transaction. This agreement shall be binding upon Collin County and Vendor, and upon the directors, officers, employees and agents of each.

EE. Vendors/Contractors/Providers must be in compliance with the Immigration and Reform Act of 1986 and all employees specific to this solicitation must be legally eligible to work in the United States of

America.

FF. Certification of Eligibility: This provision applies if the anticipated Contract exceeds $100,000.00 and as it relates to the expenditure of federal grant funds. By submitting a bid or proposal in response to this solicitation, the Offeror certifies that at the time of submission, he/she is not on the Federal

Government’s list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of proposal submission and time of award, the Offeror will notify the Collin

County Purchasing Agent. Failure to do so may result in terminating this contract for default.

GG. Notice to Vendors/Contractors/Providers delivering goods or performing services within the

Collin County Detention Facility: The Collin County Detention Facility houses persons who have been charged with and/or convicted of serious criminal offenses. When entering the Detention Facility, you could: (1) hear obscene or graphic language; (2) view partially clothed male inmates; (3) be subjected to verbal abuse or taunting; (4) risk physical altercations or physical contact, which could be minimal or possibly serious; (5) be exposed to communicable or infectious diseases; (6) be temporarily detained or prevented from immediately leaving the Detention Facility in the case of an emergency or “lockdown”;

and (7) subjected to a search of your person or property. While the Collin County Sheriff’s Office takes every reasonable precaution to protect the safety of visitors to the Detention Facility, because of the inherently dangerous nature of a Detention Facility and the type of the persons incarcerated therein, please be advised of the possibility of such situations exist and you should carefully consider such risks when entering the Detention Facility. By entering the Collin County Detention Facility, you acknowledge that you are aware of such potential risks and willingly and knowingly choose to enter the

Collin County Detention Facility.

HH.Delays and Extensions of Time when applicable:

1. If the Vendor/Contractor/Provider is delayed at any time in the commence or progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the

Vendor/Contractor/Provider's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Owner or Architect/Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the

Owner/Architect/Engineer may determine.

2. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that the weather conditions had an adverse effect on the scheduled construction.

II. Disclosure of Certain Relationships: Chapter 176 of the Texas Local Government Code requires that any vendor considering doing business with a local government entity disclose the vendor’s affiliation or business relationship that might cause a conflict of interest with a local government entity. Subchapter

6 of the code requires a vendor to file a conflict of interest questionnaire (CIQ) if a conflict exists. By law this questionnaire must be filed with the records administrator of Collin County no later than the

7th business day after the date the vendor becomes aware of an event that requires the statement to be filed. A vendor commits an offense if the vendor knowingly violates the code. An offense under this section is a misdemeanor. By submitting a response to this request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. Please send completed forms to the Collin County County Clerk's Office located at 2300 Bloomdale Rd., Suite 2104, McKinney, TX 75071.

JJ. Disclosure of Interested Parties: Section 2252.908 of the Texas Government Code requires a business entity entering into certain contracts with a governmental entity to file with the governmental entity a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity. Section 2252.908 requires the disclosure form (Form 1295) to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. Section 2252.908 applies only to a contract entered into on or after January 1, 2016.

KK. Vendors/Contractors/Providers must be in compliance with the provisions of Section 2252.152 and

Section 2252.153 of the Texas Government Code which states, in part, contracts with companies engaged in business with Iran, Sudan, or Foreign Terrorist Organizations are prohibited. A governmental entity may not enter into a contract with a company that is listed on the Comptroller of the State of Texas website identified under Section 806.051, Section 807.051 or Section 2253.253 which do business with Iran, Sudan or any Foreign Terrorist Organization. This Act is effective

September 1, 2017.

LL. Force Majeure: No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a “Force

Majeure Event”). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.

NOTE: All other terms and conditions (i.e. Insurance Requirements, Bond Requirements, etc.) shall be stated in the individual RFP/CSP Solicitation documents as Special Terms, Conditions and Specifications.

8. PROPOSAL FORMAT

8.1. PROPOSAL DOCUMENTS

To achieve a uniform review process and to obtain a maximum degree of comparability, the proposal shall, at a minimum include a Table of Contents detailing sections and corresponding page numbers.

A. Proposals may be submitted online via https://procurement.opengov.com/portal/collincountytx/projects/91817. Electronic submissions are preferred.

B. If submitting manually, proposal shall be submitted in a sealed envelope or box with RFP name, number, and name of firm printed on the outside of the envelope or box. Manual submittals shall be sent/delivered to the following address and shall be received prior to the date/time for opening:

Collin County Purchasing

2300 Bloomdale, Suite 3160

McKinney, TX 75071

Paper copies shall be printed on letter size (8 ½ x 11) paper and assembled using spiral type bindings, staples, or binder clips. Do not use metal-ring hard cover binders. Manual submittals shall include an electronic copy in a searchable format.

It shall be the responsibility of the contractor to insure that their proposal reaches Collin County Purchasing prior to the date/time for the opening no matter which submission method is used.

Each proposal should be prepared simply and economically, providing a straightforward, concise description of your firm's ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of Collin County’s needs.

To begin your proposal include a title page showing the RFP subject; the Offeror's name, name, address, and telephone number of a contact person, and the date of the proposal.

Proposal shall include but not be limited to information on each of the following:

8.2. FIRM OVERVIEW

A. Although proposals will be accepted from companies regardless of the A.M. Best rating (or regardless of whether they are rated by Best), more favorable consideration will be given to those proposals submitted by companies with ratings of at least A+ as published by A.M. Best Rating Guide, latest edition or the equivalent. Please provide most recent published A.M. best rating.

B. Provide a brief description of the history and organization of your agency to include:

1. A descriptive background of your company’s history.

https://procurement.opengov.com/portal/collincountytx/projects/91817

2. State your principal business location and any other service locations.

3. How long have you been selling product(s) and/or providing service(s)?

4. Is your company currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please explain the impact both in organizational and directional terms.

5. List of all lawsuits resulting in award (in or outside of court) to a client and provide basis and finding of any settlement.

C. Provide the most recent year’s annual reports, or comparable document, including detailed current profit and loss, assets and liabilities, and other relevant financial data.

8.3. PROPOSED PROJECT TEAM/STAFF…